Lemon Law - Davis Consumer Law Firm

Protection for New York consumers who purchase used cars that turn out to be lemons is applicable through New York's Used Car Lemon Law. The law requires dealers to provide a written warranty with the sale of a used vehicle. The length of these warranties depends on the used vehicle's mileage at the time of sale.

Miles at Purchase	Duration of Warranty
18,000-36,000	90 days or 4,000 miles
36,001-79,999	60 days or 3,000 miles
80,000-100,000	30 days or 1,000 miles

If you do not have a qualified used "lemon", breach of warranty (Magnuson-Moss Warranty Act) may be applied. Best way to prove the vehicle is defective is by saving all documentation from repair attempts and discussions with the dealer.

Qualifications for New York Lemon Law Coverage for Used Cars

Was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery

Was purchased or leased from a New York dealer

Had a purchase price or lease value of at least $1,500

Has been driven less than 100,000 miles at the time of purchase/lease

Is used primarily for personal purposes.

Dealer Responsibilities:

The New York Used Car Lemon Law obligates the dealer to correct a defective or malfunctioning part of a used motor vehicle, free of charge, covered by the written warranty if the defect took place during the applicable dealer warranty period.

What are you entitled to?:

The buyer may be entitled to a refund of the vehicle's full purchase price if:

the dealer has been unsuccessful at repairing the same material defect after at least three (3) attempts; and the problem continues to exist OR

the vehicle has been out of service at the dealer for repair for at least 15 cumulative days

The dealer may not be required to provide a refund to the buyer if the problem does not substantially impair the value of the car to the consumer OR the problem is a result of abuse, neglect or unauthorized alteration of the car.